In June 2024, at the 56th session of the UN Human Rights Council in Geneva, the UN Special Rapporteur on the right to education, Farida Shaheed, presented her thematic report on 'Academic Freedom' and urged States and other stakeholders, including public and private educational institutions, to implement the ‘Principles for Implementing the Right to Academic Freedom’, annexed to her report.
Her report examines the right to academic freedom from a right to education perspective and builds on the previous work of other human rights mechanisms including the Committee on Economic, Social and Cultural Rights (General Comment 13 and 25), the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur in the field of cultural rights.
In her presentation, the Special Rapporteur emphasised that ‘academic freedom is a human right, not a professional freedom limited to educational personnel’ that is grounded in several provisions of international law. Drawing attention to the interpretation of Inter–American Principles on Academic Freedom and University Autonomy, she endorsed ‘academic freedom as an independent and interdependent human right, which enables the exercise of a series of other rights’. Further, she highlighted the four interdependent pillars of Academic freedom: ‘a) the right to teach, b) to engage in discussions and debates with persons and groups inside (including in classrooms) and outside the academic community, c) to conduct research and d) to disseminate opinions and research results.’
She began her presentation, highlighting the violations of the right to education and academic freedom with regards to the conflict in Israel/Palestine. She recalled the statements made by UN multiple mandate holders since October 2023 which condemned the killings of civilians both in Gaza and Israel. Underlining the systematic attack on the schools, Universities, teachers, and students in Gaza that destroyed the Palestinian education systems, she recalled their demand for the urgency of international action and accountability and immediate ceasefire. In connection to this, she also expressed concern about the violent crackdown on anti-war student demonstrations in Universities in the USA, which coincided with her recent visit to the USA. She said that academics were being dismissed, students suffering broken bones, hospitalization, expulsions, and being threatened with deportation.
In her report, she expresses concern about the rising restrictions on academic freedom, and freedom of expression in academic settings throughout the world, particularly ‘overly strict legal restrictions; targeted violence against students and academics; arrest, detention, ill-treatment, extrajudicial killing and trial in military courts of those exercising academic freedom; attacks against institutional autonomy; the physical presence and/or interventions of security forces on university campuses; the engagement of students as a source of threat to academics; disruptions of Internet and telecommunications services; travel restrictions; and the exclusion of students from scholarships. One fallout is self-censorship which is difficult to assess.’ (para.42)
She further added that while State authorities impede academic freedom, other actors such as ‘religious or political groups or figures, paramilitary and armed groups, terrorist groups, narco-traffickers, corporate entities, philanthropists, influencers, but also sometimes the educational institutions themselves as well as school boards, staff and students, and parents’ associations are responsible for carrying out attacks on academic freedom’. In this context, she also expressed that ‘commercialization of the education sector at all levels remains an important concern’ (para. 59) as this may hamper a conducive environment that is necessary for disinterested research and drive toward commercial-driven research.
As a key component, she draw attention to the set of Principles for Implementing the Right to Academic Freedom, drafted by a working group of United Nations experts, scholars, and civil society actors, based on the provisions in international law and practice and emphasised its endorsement and implementation.
In her presentation to the Human Rights Council, she also mentioned her visit to Finland and appreciated their commitment to international standards for providing equal and non-discriminatory education. While appreciating Finland’s education system, she also pointed out some gaps, especially the shortage of teachers in early childhood care and education and teaching minority languages.
During the interactive dialogue, a vast majority of the states were supportive of the Special Rapporteur’s report and her mandate, using their interventions to highlight aspects of its findings and context-specific issues. Many, especially the European Union and groups of African States reinforced academic freedom as an integral part of the right to education. In alignment with the UN Special Rapporteur, many States and organisations of States, including the Gulf Cooperation Council for Arab States, the League of Arab States, the Organisation of Islamic CooperationI, Malaysia & Bahrain on behalf of several countries condemned the ongoing attack on educational institutions in Gaza and called for global action, accountability and an end to the war. Very few countries including China and Israel also expressed their disagreement with the report of the UNSR, especially on the incidents of violations reported from these countries.
For more information:
Read her reports on Academic Freedom and on her visit to Finland.
Watch her presentation at the Human Rights Council and the interactive dialogue with States: 10th meeting (from 1:58 hours) & 11th Meeting of the 56th HRC session.
Read her press statement.
Watch the side-event on the right to academic freedom, she co-organised with UNESCO and Scholars at Risks.